¶1said, that the agreement between the parties leaves no doubt as to their intent in making the contract, and it may be well doubted whether the insertion of 1he word “worth” would have made it more clear. In the award of the persons chosen, the true import of the *41contract is declared, and the declaration truly pursues its meaning. If there be a variance between the declaration and the agreement, it is too literal and insignificant to affect the case, and there must be judgment for the appellee.
8 N.C. 37
Manning v. Sawyer
Supreme Court of North Carolina
Decided June 15, 1820
Supreme Court of North Carolina · decided 1820-06-15
From Chowan. The Plaintiff obtained a verdict and judgment below, for a large sum of money, and the Defendant appealed to this Court. He brought up and duly filed, the transcript of the record; but omitted to file the appeal bond. moved to dismiss the appeal, for want of the bond. opposed it, and moved, at the same time, for a certiorari to the Court below, to get up the bond. He argued that the Court ought to grant it, because a refusal would be so penal to the appellant.
Decided 1820-06-15